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Patna High Court

Santosh SinghversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court disposed of the present application, allowing the petitioner to move a fresh application for cancellation of bail before the Special Judge POCSO.

Summary

The petitioner, Santosh Singh, filed an application seeking cancellation of bail granted to the accused Rohit Kumar by the Special Judge POCSO, Buxar. The petitioner alleged that the victim's date of birth shown in the Aadhar Card (05.03.2006) was false, constituting a forged document, and therefore the bail should be set aside. The petitioner subsequently requested to withdraw the present application and instead approach the Special Judge POCSO for cancellation of bail. The Court considered the petitioner's request and the alleged falsity of the victim's age. The Court disposed of the present application, granting the petitioner liberty to file a fresh application for cancellation of bail before the concerned Special Judge, with a directive that it be decided within three months of filing.

Issues considered

  • Whether the bail granted to the accused under the POCSO Act should be cancelled on the ground of a forged age document of the victim
  • Whether the petitioner may withdraw the present application and approach the Special Judge POCSO for cancellation of bail

Subjects

  • bail
  • cancellation of bail
  • POCSO Act
  • forged document
  • victim's age
  • withdrawal of application

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.72552 of 2025
                      Arising Out of PS. Case No.-62 Year-2025 Thana- Naya Bhojpur District- Buxar
                 ======================================================
                 Santosh Singh S/O Ramyash Singh R/O Village- Purana Bhojpur, P.S- Naya
                 Bhojpur, District- Buxar

                                                                                    ... ... Petitioner/s
                                                        Versus
           1.    The State of Bihar
           2.    Rohit Kumar S/O Vimlesh SIngh R/O Village- Purana Bhojpur, P.S- Naya
                 Bhojpur, District- Buxar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Ravi Ranjan, Advocate
                 For the Opposite Party/s :        Mr. Syed Ehteshamuddin, APP
                 ======================================================
                 CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
                                       ORAL ORDER

2   05-01-2026                    Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. After some arguments, the learned counsel for the

                   petitioner prays for withdrawal of the present application for

                   cancellation of bail in order to approach the Court of the Special

                   Judge POCSO, Buxar, who had granted bail to the opposite

                   party no.2 vide order dated 19.08.2025 as the petitioner has

                   raised the ground that the date of birth shown in the victim’s

                   Aadhar Card as 05.03.2006 is a false one and a forged and

                   fabricated document has been produced before the Court

                   concerned.

                                3. In such view of the matter, the present application
              Patna High Court CR. MISC. No.72552 of 2025(2) dt.05-01-2026
                                                          2/2




                        is disposed of with liberty to the petitioner to move an

                        application for cancellation of bail before the Court concerned

                        which shall be disposed of within a period of three months of

                        filing of the cancellation of bail application.



                                                  (Soni Shrivastava, J)
anand/-

U         T


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